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NATIONAL MARINE FISHERIES SERVICE, ALASKA REGION OFFICE OF ADMINISTRATIVE APPEALS In re Application of)) SIT KIN ISLAND, INC.,) Appellant))) Appeal No. 02-0018 DECISION April 16, 2004, STATEMENT OF

The Administrative Law Judge, by decision and order dated August 29, 2002, ruled that the IAD did not exceed the terms of this Administrative Order, and accordingly ruled that Sit Kin Island was not entitled to relief from the IAD. Therefore, the Administrative Law Judge concluded that the appeal of the IAD was not pending. (See attached to the record an Order dated March 10, 2004, by the Administrative Law Judge.) In accordance with Rule 14(a) of the Federal Rules of Civil Procedure, this Court shall hear an appeal of an IAD only from the decision or order of the Administrative Law Judge. In this case, for the reasons stated above, this Court holds that Sit Kin Island, Inc., did not have standing to file this appeal. Consequently, the IAD is affirmed. (See Order to Show Cause-Kaufman (Feb. 14, 2005); Docket No. F-1203 (Jan. 24, 2005).) COUNSEL An amici curiae of the National Association of Manufacturers and the United States Chamber of Commerce filed a supplemental brief for Sit Kin Island, Inc. (Mar. 20, 2005) (Doc. 25). The parties shall file supplemental briefs for purposes of this appeal within thirty days from the date of this order. FURTHER INFORMATION CONTACT: Barbara R. Johnson, BRIEF OF SUPPLEMENTARY COMMENTARY ON THE DISMISSAL OF THE APPEAL TO THE ALASKA DISTRICT COURT FOR THE MIDDLE GEORGIA AND FORT BENNING, NORTH CAROLINA Attorney General for the State of North Carolina, Michael W. Rains, Attorney General for the State of Georgia, Nancy C. Rugger, State Attorney for the State of Arkansas, Barbara J. Riley, Assistant Attorney General, APPENDIX TO OPINION of WILSON, J. Opinion by Johnson, Davis, and Jackson, JJ. INTRODUCTION This case is the third administrative appeal to the Ninth Circuit of the “Restricted Access Management (RAM) Program” instituted by the Department of Defense (DoD) concerning the installation of electronic surveillance or other means intended to monitor a submarine's communication systems.

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